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Mental health disorders are among the leading worldwide causes of disease and long-term disability. This issue has a long and painful history of gradual de-stigmatization of patients, coinciding with humanization of therapeutic approaches. What are the current trends in Russia regarding this issue and in what ways is it similar to and different from Western countries? IQ.HSE provides an overview of this problem based on research carried out by Svetlana Kolpakova.

On September 5, Laurie Manchester, Associate Professor of History at Arizona State University, presented her paper on voluntary repatriation of Russians from China to the Soviet Union between 1935 and 1960. The presentation was part of the research seminar, ‘Boundaries of History’, held regularly by the Department of History at HSE University in St. Petersburg. HSE News Service spoke with Laurie Manchester about her research interests, collaborating with HSE faculty members, and the latest workshop.

Dr. Sabyasachi Tripathi, from Kolkata, India, is a new research fellow at HSE University. He will be working at the Laboratory for Science and Technology Studies of the Institute for Statistical Studies and Economics of Knowledge.

The article describes and analyzes the legislative politics of revolutionary regimes in Russia in 1917-1918. The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. The revolutionary legislators often used specific language in the new laws as a vehicle of legitimacy, i.e. to make the people comply. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of legitimacy. The revolutionary strategy used propagandistic legislation, written in the language of lay people, which urged them to act according to the new law. It can be seen as a request for acts of the people to legitimize the soviets. On the contrary, the traditional strategy employed old bureaucratic means of writing and distributing legislation to the local soviets. The language used by this strategy was closed to the understanding of a lay audience and implied traditions of obeying the law written in familiar legal language, which in turn implied rational/legal legitimacy. The second strategy had already become dominant after the first months of the Bolshevik revolution. This observation demonstrates that from the very beginning of their rule, Soviet leaders approached legislative policy from a technocratic point of view, which determined the further development of Soviet legal theory and practice.

Рublication was prepared on the basis of norms of the modern Russian legislation on labor disputes in accordance with state educational standards of higher professional education on the subject "Labor Law of Russia" (course "Labour disputes"). Its main aim is to help students in mastering the basic theoretical and practical knowledge and competences for the consideration and resolution of individual and collective labor disputes. Material contains general, special and peculiar parts. The general part deals with theoretical questions of labor disputes: concept, causes, law, principles, types and location of labor disputes in the labor law system. The special part contains sections on the procedure for dealing with individual and collective labor disputes, as well as the settlement of labor disputes certain categories of employees (civil servants, judges, prosecutors, foreign employees). Questions of foreign experience of labor disputes are considered in a special part of the tutorial. A special place is given to the problems of labor disputes and the prospects of development of Russian legislation on labor disputes.Each part includes relevant case studies (CBS and courts of general jurisdiction). For teachers, bachelors, masters and post-graduate law schools, as well as entrepreneurs, heads of organizations and personnel services, as well as those interested in labor disputes.

The article examines topical theoretical and practical issues of termination of employment agreement initiated by the employer under Article 81, part 1, para. 1 of the Labour Code of the Russian Federation, i.e. in case of dissolution of a company or cancellation of sole proprietorship.

The paper aims at analyzing the role of various legislative and policy sources in delineating the conceptual and regulative frameworks for transnational employment relations. This type of employment relations is still perceived as a novelty in Russia and is not actually reflected in the Russian legislation. However while during the last decades the legislature has not provided for a consistent approach to the understanding of this phenomenon, the perception of it is now being formed - more or less successfully - on the international/interregional and corporate levels, as well as in contemporary research and in everyday practice. The paper offers an outline of recent academic studies defining particular groups and categories of transnational employment relations proposed by the Russian scholars, explaining problems that arise in the legal regulation of this phenomenon and suggesting possible ways of their solution. Apart from this the paper summarizes principles for the transnational employment relations regulation provided in interregional and bilateral treaties (mostly of the Commonwealth of Independent States and of the EuroAsEC levels). The author describes commonalities and variations of approaches that can be found in these documents, makes an effort to explain the reasons that have brought them about and gives some assumptions of their possible effect and productive usage at the national and enterprise levels. These speculations are supplemented with an analysis of enterprise level developments in regard to transnational employment relations – both national and multinational – that embrace introduction of new concepts and instruments, bringing to light new aspects of the phenomenon and spreading good practices on sectorial or inter-sectorial levels. Among other issues discussed in the paper there is an assumption that the time has come to give a more serious recognition of the so called “soft law sources” which can now be found on both international/interregional and enterprise levels. While these sources are widely used in practice they still lack official recognition and any particular status in the Russian legal doctrine. This abundant data demonstrates some clear similarities and differences. Therefore it is argued that the field has been developed to the point where particular generalization and systematization can be performed to make the legislative amendments possible in the nearest future. The author provides several examples of such generalizations and amendments and makes an inference of their effect onto the policy and practice of all the stakeholders involved in transnational employment relations or responsible for their regulation in the Russian context.

This paper looks at differences in enforcement of employment protection legislation (EPL) across regions of the Russian Federation. The research is based on data from regional courts, State labour inspections and trade unions. These data have never been used by researchers. A special section explores institutional peculiarities of the EPL enforcement in regions. Authors reveal substantial differences in the effectiveness of enforcement of EPL across Russian regions. The EPL violations are more often reported in the northern territories and in the ethnic republics. The regions with more diversifi ed economy and more favorable situation on the local labour market demonstrate lower probability of reporting EPL violation.

Studies on mobbing and harassment in Russia, - whether from a legal, sociological, psychological or economical viewpoint, - are sporadic and usually included into more general research projects devoted to discrimination, gender issues and human rights. Doctrine does not provide consistent terminology. Legislation does not address these issues consistently in their entirety, recognizing only specific instances of their manifestation. Collective agreements contain only general provisions on this subject if any, and enterprise regulations have mostly superficial clauses unenforceable because of the lack of essence and relevant procedures. Russian legislative landscape also lacks stakeholders seriously interested in establishment and promotion of anti-mobbing and anti-harassment culture in the workplaces. Both government and public demonstrate a “we have more urgent questions to address” attitude. In this context absence of landmark cases and court decisions is a logical consequence and a natural result of the general disregard. Thus it is all the more important to highlight the circumstances in which a judicial protection can now be provided. This analysis and further research, - including comparative studies, - may help to reveal possible directions for the policy development in this field both in doctrinal and regulatory aspects. This paper attempts to outline the state of the art and the major tendencies in legal regulation of mobbing and harassment phenomena in Russia nowadays and to suggest possible explanations and solutions to the problems revealed.

This article is devoted to the legitimation and application of the standards of ex post and ex ante by courts and the executive authorities in the sphere of competition regulation. The postulates of ex post and ex ante are considered as legal principles. The principle of ex post is intended solely for judicial and administrative application; it has a deontological framework; it assumes that the legality of the activity of economic entities is assessed only on the basis of positive legal criteria in terms of the subjective rights violated; it is limited to a particular case. The traditional approach to the principle of ex post limits the scope of its application on the subjects and excessively expands its objects. The postulate of ex ante has a utilitarian basis which assumes the assessment of the application of relevant rules in the future. One of the main aims of the article is to refute the common view of lawyers and economists that a legislator applies principle of ex ante not being bound by principle of ex post, while it is the other way around for the courts and the executive authorities. The principle of ex ante may be applied not only in the process of the creation of new rules but also at the application stage for existing rules on economic competition. This is justified because the arguments of the courts and the executive authorities about a refusal to take into account the consequences of a decision in a particular case are not convincing.

The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.

This article analyzes the usage of legislation as a legal source in the Russian Empire through the phenomenon of the publication of law. The author argues that the absence of separation of executive, legislative and court powers had definite negative effects for lawmaking and enforcement. The legislative politics of Russian emperors could be analyzed using Jürgen Habermas‘ concept of ―representative publicness‖ (representative öffentlichkeit): to a large extent, the tsars considered law as both an assertion of authority and a means of governing. Their actions towards strengthening legality in the state (i.e. the compulsory publication of legislation) were in essence symbolic or theatrical. In fact, since the separation of laws from executive acts did not exist in imperial Russia, the legislation was published (or stayed unpublished) exclusively for state administrators. The conflict in conceptions of legality between state and civil actors in the second half of the nineteenth century was not of a merely political nature. The article demonstrates that there was a public demand for publication of legislation; insufficient accessibility of legal information negatively influenced social and economic development in imperial Russia.

Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.